TERMIUM Plus®

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plead non est factum [1 record]

Record 1 2015-03-24

English

Subject field(s)
  • Rules of Court
  • Law of Contracts (common law)
CONT

This category of mistake is derived from a small group of cases most of them of modern times, although the doctrine existed at least as early as 1584. The general rule is that a man is estopped by his deed, and although there is no such estoppel in the case of ordinary signed documents, a party of full age and understanding is normally bound by his signature to a document, whether he reads or understands it or not. If, however, a party has been misled into executing a deed or signing a document essentially different from that which he intended to execute or sign, he can plead non est factum in an action against him. The deed or writing is completely void in whosesoever hands it may come.

French

Domaine(s)
  • Règles de procédure
  • Droit des contrats (common law)
OBS

En common law, la personne qui ignorait le contenu ou la nature d'un écrit qu'on lui a fait signer peut, par la défense "non est factum", en faire prononcer la nullité quant à elle.

Spanish

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© Public Services and Procurement Canada, 2024
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